Criminal Law Protection Of Virtual Property In China

With the popularity of the network, the virtual property as a new item has been inextricably linked with people’s lives. Virtual property crime was committing more and more, and caused extensive damage to the network users. In order to maintain the network and protect the owner of virtual property, taking virtual property into the criminal law protection is necessary. The first thing need to do in order to being the virtual property into criminal protection is that whether the virtual property belong to the definition of property. From the attributes of property, virtual property has the objective usefulness of traditional property goes scarce, controllable nature. Virtual property as a new form of property, as in the property theory, is completely reasonable. Especially in the prosperity of the online gaming industry today, the many lawless use of improper means, wantonly engaged in theft, fraud and other violations of virtual property crime on the Internet, had brought great danger to people’s property, social security, and the entire game industry. In the face of the endless stream of cases against property, the processing of the judiciary in China reflects the general law of things from scratch, twists and turns. Early judiciary is generally not intervene due to the lack of relevant theory and practice guidance for this type of case. With the increase in similar cases, the theoretical and practical circles for virtual property there is a huge controversy around the court began to explore, in accordance with the law and try to make a variety of different verdict. Although some verdict today seems unreasonable, as the rules are established before groping, still has great significance. With the further popularization of networks, the court has been continued to accumulate experience and judicial practice, the handling of the case of virtual property has strong initial unity. Learning the virtual criminal law protection of property development in China, we might focus on the rest of the world and local protected mode, especially the game industry is relatively developed international and regional. Other countries and regions on the criminal law protection of virtual property can be summarized in three aspects, including a special legislative protection, regulation of computer-related crime, and the virtual property as intangible property protection. Criminal law protection of virtual property, must not copy the other modes, but in considering the existing laws and the condition of our country under the premise of selective reference. Next I analyzed under the protection of virtual property in the civil and criminal Comparative Perspective. Virtual property protection, include property rights protection and creditor protection under civil law perspective. Criminal law is from copyrights, computer information systems, intangible property aspects of the virtual property protection.After years of exploration, China’s criminal law practitioners of virtual property protection has become more assertive. However, due to the lack of a clear legal basis, local judges through the use of legal judgment, the inevitable emergence of the embarrassing situation of the different co-contracting. In this case, we can adopt the method of legislative interpretation, virtual property is classified as a property of a range of "other property" to determine the legal status of virtual property. The highest judicial body in the legislative interpretation under the guidance of the introduction of the relevant judicial interpretations, specific guidance on the cases of infringement of virtual property. Finally, two difficult problems in the process of virtual property cases, the first come is Determination of the Amount and the other is evidentiary issues. We can take the official pricing of network providers and network market price into consideration on the determination of the Amount of virtual property forensics needs the help of the Internet real-name registration rules, after the real-name system in accordance with the relevant rules of evidence to explain, network users can not obtain evidence, you can apply for the judiciary forensics.